Illinois has certain sections within the Illinois Compiled Statutes relating to leave from employment as described below. Also, certain administrative rules allow for leave for public employees, and they are not covered here.

Nursing Mothers in the Workplace Act (820 ILCS 260/)

• (820 ILCS 260/5) Sec. 5. Definitions.
• (820 ILCS 260/10) Sec. 10. Break time for nursing mothers.
• (820 ILCS 260/15) Sec. 15. Private place for nursing mothers.

• (820 ILCS 147/10) Sec. 10. Definitions.
• (820 ILCS 147/15) Sec. 15. School conference and activity leave.
• (820 ILCS 147/35) Sec. 35. Employee rights.
• (820 ILCS 147/49) Sec. 49. Limits on leave.

Child Bereavement Leave Act

• (820 ILCS 154/)

Employee Sick Leave Act

• (820 ILCS 191/)

Organ Donor Leave Act (5 ILCS 327/ )

• (5 ILCS 327/10) Sec. 10. Terms defined.
• (5 ILCS 327/20) Sec. 20. Administration of Act.

• Sec. 605-865. Family-friendly workplace initiative.

• Section 5. Definitions.
• Section 10. Paid leave for blood donation; administration.

In this Act:

"Employee" means a person currently employed or subject to recall after layoff or leave of absencewith a right to return at a position with an employer or a former employee who has terminated service within thepreceding year.

"Employer" means an individual, corporation, partnership, labor organization, or unincorporated association,the State, an agency or political subdivision of the State, or any other legal, business, or commercial entitythat has more than 5 employees exclusive of the employer's parent, spouse, or child or other members of the employer'simmediate family. "Employer" includes an agent of an employer.

Sec. 10. Break time for nursing mothers.

An employer shall provide reasonable unpaid break time each day to an employee who needs to express breast milkfor her infant child. The break time must, if possible, run concurrently with any break time already provided tothe employee. An employer is not required to provide break time under this Section if to do so would unduly disruptthe employer's operations.

Sec. 15. Private place for nursing mothers.

An employer shall make reasonable efforts to provide a room or other location, in close proximity to the workarea, other than a toilet stall, where an employee described in Section 10 can express her milk in privacy.

School Visitation Rights Act

Sec. 5. Policy.

The General Assembly of the State of Illinois finds that the basis of a strong economy is an educational systemreliant upon parental involvement. The intent of this Act is to permit employed parents and guardians who are unableto meet with educators because of a work conflict the right to an allotment of time during the school year to attendnecessary educational or behavioral conferences at the school their children attend.

Sec. 10. Definitions.

As used in this Act:

(a) "Employee" means a person who performs services for hire for an employer for:

(1) at least 6 consecutive months immediately preceding a request for leave under this Act; and

(2) an average number of hours per week equal to at least one-half the full-time equivalent position in the employer'sjob classification, as defined by the employer's personnel policies or practices or in accordance with a collectivebargaining agreement, during those 6 months.

"Employee" includes all individuals meeting the above criteria but does not include an independent contractor.

(b) "Employer" means any of the following: a State agency, officer, or department, a unit of localgovernment, a school district, an individual, a corporation, a partnership, an association, or a nonprofit organization.

(c) "Child" means a biological, adopted or foster child, a stepchild or a legal ward of an employee andwho is enrolled in a primary or secondary public or private school in this State or a state which shares a commonboundary with Illinois.

(d) "School" means any public or private primary or secondary school or educational facility locatedin this State or a state which shares a common boundary with Illinois.

(e) "School administrator" means the principal or similar administrator who is responsible for the operationsof the school.

Sec. 15. School conference and activity leave.

(a) An employer must grant an employee leave of up to a total of 8 hours during any school year, and no morethan 4 hours of which may be taken on any given day, to attend school conferences or classroom activities relatedto the employee's child if the conference or classroom activities cannot be scheduled during nonwork hours; however,no leave may be taken by an employee of an employer that is subject to this Act unless the employee has exhaustedall accrued vacation leave, personal leave, compensatory leave and any other leave that may be granted to the employeeexcept sick leave and disability leave. Before arranging attendance at the conference or activity, the employeeshall provide the employer with a written request for leave at least 7 days in advance of the time the employeeis required to utilize the visitation right. In emergency situations, no more than 24 hours notice shall be required.The employee must consult with the employer to schedule the leave so as not to disrupt unduly the operations ofthe employer.

(b) Nothing in this Act requires that the leave be paid.

(c) For regularly scheduled, nonemergency visitations, schools shall make time available for visitation duringboth regular school hours and evening hours.

Sec. 20. Compensation.

An employee who utilizes or seeks to utilize the rights afforded by this Act may choose the opportunity to makeup the time so taken as guaranteed by this Act on a different day or shift as directed by the employer. An employeewho exercises his rights under this Act shall not be required to make up the time taken, but if such employee doesnot make up the time taken, such employee shall not be compensated for the time taken. An employee who does makeup the time taken shall be paid at the same rate as paid for normal working time. Employers shall make a good faitheffort to permit an employee to make up the time taken for the purposes of this Act. If no reasonable opportunityexists for the employee to make up the time taken, the employee shall not be paid for the time. A reasonable opportunityto make up the time taken does not include the scheduling of make-up time in a manner that would require the paymentof wages on an overtime basis. Notwithstanding any other provision of this Section, if unpaid leave under thisAct conflicts with the unreduced compensation requirement for exempt employees under the federal Fair Labor StandardsAct, an employer may require an employee to make up the leave hours within the same pay period.

Sec. 25. Notification.

The State Superintendent of Education shall notify each public and private primary and secondary school of thisAct. Each public and private school shall notify parents or guardians of the school's students of their schoolvisitation rights. The Department of Labor shall notify employers of this Act.

Sec. 30. Verification.

Upon completion of school visitation rights by a parent or guardian, the school administrator shall providethe parent or guardian documentation of the school visitation. The parent or guardian shall submit such verificationto the employer. The State Superintendent and the Director of the Department of Labor shall suggest a standardform of documentation of school visitation to schools for use as required by this Section. The standard form ofdocumentation shall include, but not be limited to, the exact time and date the visitation occurred and ended.Failure of a parent or guardian to submit the verification statement from the school to his or her employer within2 working days of the school visitation subjects the employee to the standard disciplinary procedures imposed bythe employer for unexcused absences from work.

Sec. 35. Employee rights.

No employee shall lose any employee benefits, except as provided for in Section 20 of this Act, for exercisinghis or her rights under this Act. Nothing in this Act shall be construed to affect an employer's obligation tocomply with any collective bargaining agreement or employee benefit plan. Nothing in this Act shall prevent anemployer from providing school visitation rights in excess of the requirements of this Act. The rights affordedby this Act shall not be diminished by any collective bargaining act or by any employee benefit plan.

Sec. 40. Applicability.

This Act applies solely to public and private employers that employ at least 50 or more individuals in Illinois,and to their employees.

Sec. 45. Violation.

Any employer who violates this Act is guilty of a petty offense and may be fined not more than $100 for eachoffense.

Sec. 49. Limits on leave.

No employer that is subject to this Act is required to grant school visitation leave to an employee if grantingthe leave would result in more than 5% of the employer's work force or 5% of an employer's work force shift takingschool conference or activity leave at the same time.

Child Bereavement Leave Act

(820 ILCS 154/5) Sec. 5. Definitions. In this Act:

    "Child" means an employee's son or daughter who is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis.

    "Department" means the Department of Labor.

    "Employee" means eligible employee, as defined by Section 101(2) of the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).

    "Employer" means employer, as defined by Section 101(4) of the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).

(820 ILCS 154/10) Sec. 10. Bereavement Leave.

    (a) All employees shall be entitled to use a maximum of 2 weeks (10 work days) of unpaid bereavement leave to:

        (1) attend the funeral or alternative to a funeral of a child;

        (2) make arrangements necessitated by the death of the child; or

        (3) grieve the death of the child.

    (b) Bereavement leave under subsection (a) of this Section must be completed within 60 days after the date on which the employee receives notice of the death of the child.

    (c) An employee shall provide the employer with at least 48 hours' advance notice of the employee's intention to take bereavement leave, unless providing such notice is not reasonable and practicable.

    (d) An employer may require reasonable documentation. Documentation may include a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency.

    (e) In the event of the death of more than one child in a 12-month period, an employee is entitled to up to a total of 6 weeks of bereavement leave during the 12-month period. This Act does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).

(820 ILCS 154/15) Sec. 15. Existing leave usable for bereavement. An employee who is entitled to take paid or unpaid leave (including family, medical, sick, annual, personal, or similar leave) from employment, pursuant to federal, State, or local law, a collective bargaining agreement, or an employment benefits program or plan may elect to substitute any period of such leave for an equivalent period of leave provided under Section 10.

(820 ILCS 154/20) Sec. 20. Unlawful employer practices. It is unlawful for any employer to take any adverse action against an employee because the employee (1) exercises rights or attempts to exercise rights under this Act, (2) opposes practices which such employee believes to be in violation of this Act, or (3) supports the exercise of rights of another under this Act.

    Exercising rights under this Act includes filing an action or instituting or causing to be instituted any proceeding under or related to this Act; providing or agreeing to provide any information in connection with any inquiry or proceeding relating to any right provided under this Act; or testifying to or agreeing to testify in any inquiry or proceeding relating to any right provided under this Act.

(820 ILCS 154/25) Sec. 25. Department responsibilities.

    (a) The Department shall administer and enforce this Act and adopt rules under the Illinois Administrative Procedure Act for the purpose of this Act. The Department shall have the powers and the parties shall have the rights provided in the Illinois Administrative Procedure Act for contested cases. The Department shall have the power to conduct investigations in connection with the administration and enforcement of this Act, including the power to conduct depositions and discovery and to issue subpoenas. If the Department finds cause to believe that this Act has been violated, the Department shall notify the parties in writing and the matter shall be referred to an Administrative Law Judge to schedule a formal hearing in accordance with hearing procedures established by rule.

    (b) The Department is authorized to impose civil penalties prescribed in Section 30 in administrative proceedings that comply with the Illinois Administrative Procedure Act and to supervise the payment of the unpaid wages and damages owing to the employee or employees under this Act. The Department may bring any legal action necessary to recover the amount of unpaid wages, damages, and penalties, and the employer shall be required to pay the costs. Any sums recovered by the Department on behalf of an employee under this Act shall be paid to the employee or employees affected. However, 20% of any penalty collected from the employer for a violation of this Act shall be deposited into the Child Bereavement Fund, a special fund created in the State treasury, and used for the enforcement of this Act.

    (c) The Attorney General may bring an action to enforce the collection of any civil penalty imposed under this Act.

(820 ILCS 154/30) Sec. 30. Enforcement.

    (a) An employee who believes his or her rights under this Act or any rule adopted under this Act have been violated may, within 60 days after the date of the last event constituting the alleged violation for which the action is brought, file a complaint with the Department or file a civil action.

    (b) An employer that violates any provision of this Act or any rule adopted under this Act is subject to a civil penalty for each employee affected as follows:

        (1) first offense, a civil penalty not to exceed $500;

        (2) second or subsequent offense, a civil penalty not to exceed $1,000.

    (c) A civil action may be brought in the circuit court by an employee to enforce this Act. The circuit court may enjoin any act or practice that violates or may violate this Act and may order any other equitable relief that is necessary and appropriate to redress the violation or to enforce the Act.

Employee Sick Leave Act

(820 ILCS 191/5) Sec. 5. Definitions. In this Act:

    "Department" means the Department of Labor.

    "Personal sick leave benefits" means any paid or unpaid time available to an employee as provided through an employment benefit plan or paid time off policy to be used as a result of absence from work due to personal illness, injury, or medical appointment. An employment benefit plan or paid time off policy does not include long term disability, short term disability, an insurance policy, or other comparable benefit plan or policy.

(820 ILCS 191/10) Sec. 10. Use of leave; limitations.

    (a) An employee may use personal sick leave benefits provided by the employer for absences due to an illness, injury, or medical appointment of the employee's child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, on the same terms upon which the employee is able to use personal sick leave benefits for the employee's own illness or injury. An employer may request written verification of the employee's absence from a health care professional if such verification is required under the employer's employment benefit plan or paid time off policy.

    (b) An employer may limit the use of personal sick leave benefits provided by the employer for absences due to an illness, injury, or medical appointment of the employee's child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent to an amount not less than the personal sick leave that would be earned or accrued during 6 months at the employee's then current rate of entitlement. For employers who base personal sick leave benefits on an employee's years of service instead of annual or monthly accrual, such employer may limit the amount of sick leave to be used under this Act to half of the employee's maximum annual grant.

    (c) An employer who provides personal sick leave benefits or a paid time off policy that would otherwise provide benefits as required under subsections (a) and (b) shall not be required to modify such benefits.

(820 ILCS 191/15) Sec. 15. Rights and remedies. The rights and remedies specified in this Act are in addition to any other rights or remedies afforded by contract or under other provisions of law. This Act does not prevent an employer from providing greater sick leave benefits than are provided for under this Act. This Act does not extend the maximum period of leave to which an employee is entitled under the federal Family and Medical Leave Act of 1993, regardless of whether the employee receives sick leave compensation during that leave.

(820 ILCS 191/20) Sec. 20. Retaliation prohibited. An employer shall not deny an employee the right to use personal sick leave benefits in accordance with this Act or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using personal sick leave benefits, attempting to exercise the right to use personal sick leave benefits, filing a complaint with the Illinois Department of Labor or alleging a violation of this Act, cooperating in an investigation or prosecution of an alleged violation of this Act, or opposing any policy or practice or act that is prohibited by this Act. Nothing in this Section prohibits an employer from applying the terms and conditions set forth in the employment benefit plan or paid time off policy applicable to personal sick leave benefits.

(820 ILCS 191/21) Sec. 21. Employments exempted from coverage.

    (a) This Act does not apply to an employee of an employer subject to the provisions of Title II of the Railway Labor Act (45 U.S.C. 181 et seq.) or to an employer or employee as defined in either the federal Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.) or the Federal Employers' Liability Act, United States Code, Title 45, Sections 51 through 60, or other comparable federal law.

    (b) Nothing in this Act shall be construed to invalidate, diminish, or otherwise interfere with any collective bargaining agreement nor shall it be construed to invalidate, diminish, or otherwise interfere with any party's power to collectively bargain such an agreement.

    (c) This Act does not apply to any other employment expressly exempted under rules adopted by the Department as necessary to implement this Act in accordance with applicable State and federal law.

Organ Donor Leave Act

Sec. 1. Title of act.

This Act may be cited as the Organ Donor Leave Act.

Sec. 5. Act's purpose.

This Act is intended to provide time off with pay for State employees who donate an organ, bone marrow, blood,or blood platelets.

Sec. 10. Terms defined.

As used in this Act:

"Agency" means any branch, department, board, committee, or commission of State government, but doesnot include units of local government, school districts, or boards of election commissioners.

"Department" means the Department of Central Management Services.

"Participating employee" means a permanent full-time or part-time employee who has been employed by anagency for a period of 6 months or more and who donates an organ, bone marrow, blood, or blood platelets.

Sec. 20. Administration of Act.

(a) On request, a participating employee subject to this Act may be entitled to organ leave with pay.

(b) An employee may use

(i) up to 30 days of organ donation leave in any 12-month period to serve as a bone marrow donor,

(ii) up to 30 days of organ donation leave in any 12-month period to serve as an organ donor,

(iii) up to one hour to donate blood every 56 days, and

(iv) up to 2 hours to donate blood platelets in accordance with appropriate medical standards established by theAmerican Red Cross or other nationally-recognized standards. Leave under item

(iv) may not be granted more than 24 times in a 12-month period.

(c) An employee may use organ donation leave or other leave authorized in subsection (b) of this Section onlyafter obtaining approval from the employee's agency.

(d) An employee may not be required to use accumulated sick or vacation leave time before being eligible for organdonor leave.

(e) The Department must adopt rules governing organ donation leave, including rules that (i) establish conditionsand procedures for requesting and approving leave and (ii) require medical documentation of the proposed organor bone marrow donation before leave is approved by the employing agency.

Sec. 99. Effective date.

This Act takes effect on January 1, 2003.

Family-friendly workplace initiative

Sec. 605-865. Family-friendly workplace initiative.

The Department of Commerce and Community Affairs, with the advice of members of the business community, mayestablish a family-friendly workplace initiative. The Department may develop a program to annually collect informationregarding the State's private eligible employers with 50 or fewer employees and private eligible employers with51 or more employees in the State providing the most family-friendly benefits to their employees. The same programmay be established for public employers. The criteria for determining eligible employers includes, but is not limitedto, the following:

(1) consideration of the dependent care scholarship or discounts given by the employer;
(2) flexible work hours and schedules;
(3) time off for caring for sick or injured dependents;
(4) the provision of onsite or nearby dependent care;
(5) dependent care referral services; and
(6) in-kind contributions to community dependent care programs.

Those employers chosen by the Department may be recognized with annual "family-friendly workplace"awards and a Statewide information and advertising campaign publicizing the employers' awards, their contributionsto family-friendly child care, and the methods they used to improve the dependent care experiences of their employees'families.
Effective Date: 8/8/2003

Employee Blood Donation Leave Act.
Public Act 094-0033 -- Effective 1/1/06
HB0324 Enrolled

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title.

This Act may be cited as the Employee Blood Donation Leave Act.

Section 3. Purpose.

This Act is intended to provide time off with pay to allow employees of units of local governments, boards ofelection commissioners, or private employers in the State of Illinois to donate blood.

Section 5. Definitions.

As used in this Act:

"Employer" means any unit of local government, board of election commissioners, or any private employerin the State who has 51 or more employees.

"Department" means the Department of Public Health.

"Participating employee" means a full-time employee who has been employed by an employer for a periodof 6 months or more and who donates blood.

Section 10. Paid leave for blood donation; administration.

(a) On request, a participating employee subject to this Act may be entitled to blood donation leave with pay.

(b) An employee may use up to one hour, or more if authorized by the employer or a collective bargaining agreement,to donate blood every 56 days in accordance with appropriate medical standards established by the American RedCross, America's Blood Centers, the American Association of Blood Banks, or other nationally recognized standards.

(c) A participating employee may use the leave authorized in subsection (b) of this Section only after obtainingapproval from the employer.

(d) The Department must adopt rules governing blood donation leave, including rules that (i) establish conditionsand procedures for requesting and approving leave and (ii) require medical documentation of the proposed blooddonation before leave is approved by the employer.

(i) establish conditions and procedures for requesting and approving leave and

(ii) require medical documentation of the proposed blood donation before leave is approved by the employer.

This legislation also amends the Organ Donor Leave Act by broadening the appropriate medical standards for donatingblood and platelets to include the American Red Cross, America's Blood Centers, the American Association of BloodBanks as well as other nationally-recognized standards.

Chapter 5, Part 327, Section 327/20 (5 ILCS 327/20)

Sec. 20. Administration of Act.

(a) On request, a participating employee subject to this Act may be entitled to organ donation leave with pay.

(b) An employee may use:

(i) up to 30 days of organ donation leave in any 12-month period to serve as a bone marrow donor,

(ii) up to 30 days of organ donation leave in any 12-month period to serve as an organ donor,

(iii) up to one hour to donate blood every 56 days, and

(iv) up to 2 hours to donate blood platelets in accordance with appropriate medical standards established by theAmerican Red Cross, America's Blood Centers, the American Association of Blood Banks, or other nationally-recognizedstandards. Leave under item (iv) may not be granted more than 24 times in a 12-month period.

(c) An employee may use organ donation leave or other leave authorized in subsection (b) of this Section onlyafter obtaining approval from the employee's agency.

(d) An employee may not be required to use accumulated sick or vacation leave time before being eligible for organdonor leave.

(e) The Department must adopt rules governing organ donation leave, including rules that (i) establish conditionsand procedures for requesting and approving leave and (ii) require medical documentation of the proposed organor bone marrow donation before leave is approved by the employing agency.